Johnson vs Lonappan - Court Judgment

SooperKanoon Citationsooperkanoon.com/1367210
CourtKerala Orders High Court
Decided OnJan-24-2023
Case NumberRSA/805/2014
JudgeHonourable Mr. Justice P.Somarajan
AppellantJohnson
RespondentLonappan
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan tuesday, the 24th day of january 2023 / 4th magha, 1944 rsa no. 805 of 2014 against the judgment and decree dated 10.06.2014 as 45/2012 of sub court, perumbavoor against the judgment and decree dated 15.02.2012 in os 54/2008 of munsiff court, perumbavoor appellant/appellant/defendant: 1 johnson, aged 50 years, s/o.george, lillyland, brahmapuram, ernakulam district.(died) addl.a2 shino p.t., aged 62 years, w/o late johnson, lillyland, addl.a3 simi johnson, aged 42 years, brahmapuram, addl.a4 shiju johnson, aged 41 years, addl.appellants 2 to 4 are impleaded being the lrs of deceased sole appellant as per order dated 7/2/2022 in ia by adv sri.paul k.varghese respondent/respondent/plaintiff 1 lonappan, s/o vareed, aged 62 years, ernakulam district-682087 (died) addl.r2 marykunju, w/o lonappan, aged about 70 years, addl.r3 liji, d/o lonappan, aged about 50 years, addl.r4 shiji, d/o lonappan, aged about 48 years, addl.r5 biji, d/o lonappan, aged about 45 years, addl. r2 to r5 are impleaded as per order dated 7/2/2022 in ia.2/2022 r1,r2 to r5 by advs.johnson mathew manayan jeevan mathew manayani benhur joseph manayani-r1 this regular second appeal having come up for hearing on 24.01.2023, along with rsa.775/2014, the court on the same day delivered the following:in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan tuesday, the 24th day of january 2023 / 4th magha, 1944 rsa no. 775 of 2014 against the judgment and decree dated 10.06.2014 in as 50/2012 of sub court, perumbavoor against the judgment and decree dated 15.02.2012 in os 27/2008 of munsiff court, perumbavoorappellant/appellant/plaintiff: 1 johnson, aged 52 years, s/o.george, lillyland, brahmapuram, puthencruz village, ernakulam district (died) addl.a2 shino p.t., aged 62 years, w/o late johnson, lillyland, addl.a3 simi johnson, aged 42 years, brahmapuram, addl.a4 shiju johnson, aged 41 years, addl.appellants 2 to 4 are impleaded being the lrs of deceased sole appellant as per order dated 7/2/2022 in iaby adv paul k.varghese respondent/respondent/defendant: 1 lonappan, s/o vareed, aged 62 years, ernakulam district-682087 (died) addl.r2 marykunju, w/o lonappan, aged about 70 years, addl.r3 liji, d/o lonappan,aged about 50 years, addl.r4 shiji, d/o lonappan, aged about 48 years, addl.r5 biji, d/o lonappan, aged about 45 years, addl. r2 to r5 are impleaded as per order dated 7/2/2022 in ia.2/2022 r1,r2 to r5 by advs.johnson mathew manayan jeevan mathew manayani benhur joseph manayani-r1 this regular second appeal having come up for hearing on 24.01.2023, along with rsa.805/2014, the court on the same day delivered the following:judgmentthe appeals are not pressed into service, fairly submitted by the learned counsel for the appellant. a memo to that effect is also filed. both the appeals will stand dismissed as not pressed. sd/- p.somarajan judge msp
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 24TH DAY OF JANUARY 2023 / 4TH MAGHA, 1944 RSA NO. 805 OF 2014 AGAINST THE JUDGMENT AND DECREE DATED 10.06.2014 AS 45/2012 OF SUB COURT, PERUMBAVOOR AGAINST THE JUDGMENT AND DECREE DATED 15.02.2012 IN OS 54/2008 OF MUNSIFF COURT, PERUMBAVOOR APPELLANT/APPELLANT/DEFENDANT: 1 JOHNSON, AGED 50 YEARS, S/O.GEORGE, LILLYLAND, BRAHMAPURAM, ERNAKULAM DISTRICT.(DIED) ADDL.A2 SHINO P.T., AGED 62 YEARS, W/O LATE JOHNSON, LILLYLAND, ADDL.A3 SIMI JOHNSON, AGED 42 YEARS, BRAHMAPURAM, ADDL.A4 SHIJU JOHNSON, AGED 41 YEARS, ADDL.APPELLANTS 2 TO 4 ARE IMPLEADED BEING THE LRS OF DECEASED SOLE APPELLANT AS PER ORDER DATED 7/2/2022 IN IA BY ADV SRI.PAUL K.VARGHESE RESPONDENT/RESPONDENT/PLAINTIFF 1 LONAPPAN, S/O VAREED, AGED 62 YEARS, ERNAKULAM DISTRICT-682087 (DIED) ADDL.R2 MARYKUNJU, W/O LONAPPAN, AGED ABOUT 70 YEARS, ADDL.R3 LIJI, D/O LONAPPAN, AGED ABOUT 50 YEARS, ADDL.R4 SHIJI, D/O LONAPPAN, AGED ABOUT 48 YEARS, ADDL.R5 BIJI, D/O LONAPPAN, AGED ABOUT 45 YEARS, ADDL. R2 TO R5 ARE IMPLEADED AS PER ORDER DATED 7/2/2022 IN IA.2/2022 R1,R2 TO R5 BY ADVS.JOHNSON MATHEW MANAYAN JEEVAN MATHEW MANAYANI BENHUR JOSEPH MANAYANI-R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON 24.01.2023, ALONG WITH RSA.775/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 24TH DAY OF JANUARY 2023 / 4TH MAGHA, 1944 RSA NO. 775 OF 2014 AGAINST THE JUDGMENT AND DECREE DATED 10.06.2014 IN AS 50/2012 OF SUB COURT, PERUMBAVOOR AGAINST THE JUDGMENT AND DECREE DATED 15.02.2012 IN OS 27/2008 OF MUNSIFF COURT, PERUMBAVOOR

APPELLANT/APPELLANT/PLAINTIFF: 1 JOHNSON, AGED 52 YEARS, S/O.GEORGE, LILLYLAND, BRAHMAPURAM, PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT (DIED) ADDL.A2 SHINO P.T., AGED 62 YEARS, W/O LATE JOHNSON, LILLYLAND, ADDL.A3 SIMI JOHNSON, AGED 42 YEARS, BRAHMAPURAM, ADDL.A4 SHIJU JOHNSON, AGED 41 YEARS, ADDL.APPELLANTS 2 TO 4 ARE IMPLEADED BEING THE LRS OF DECEASED SOLE APPELLANT AS PER ORDER DATED 7/2/2022 IN IA

BY ADV PAUL K.VARGHESE RESPONDENT/RESPONDENT/DEFENDANT: 1 LONAPPAN, S/O VAREED, AGED 62 YEARS, ERNAKULAM DISTRICT-682087 (DIED) ADDL.R2 MARYKUNJU, W/O LONAPPAN, AGED ABOUT 70 YEARS, ADDL.R3 LIJI, D/O LONAPPAN,

AGED ABOUT 50 YEARS, ADDL.R4 SHIJI, D/O LONAPPAN, AGED ABOUT 48 YEARS, ADDL.R5 BIJI, D/O LONAPPAN, AGED ABOUT 45 YEARS, ADDL. R2 TO R5 ARE IMPLEADED AS PER ORDER DATED 7/2/2022 IN IA.2/2022 R1,R2 TO R5 BY ADVS.JOHNSON MATHEW MANAYAN JEEVAN MATHEW MANAYANI BENHUR JOSEPH MANAYANI-R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON 24.01.2023, ALONG WITH RSA.805/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The appeals are not pressed into service, fairly submitted by the learned counsel for the appellant. A memo to that effect is also filed. Both the appeals will stand dismissed as not pressed. Sd/- P.SOMARAJAN JUDGE msp